Haw. Code R. § 8-60-70 - Civil action

(a) General. Any party aggrieved by the findings and decision made under sections 8-60-61 through 8-60-67 or sections 8-60-75 through 8-60-79 has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under section 8-60-61 or sections 8-60-75 through 8-60-77. The action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

(b) Time limitation. The party bringing the action shall have 30 days from the date of the decision of the hearing officer to file a civil action, or, in the time allowed by State law.

(c) Additional requirements. In any action brought under subsection (a), the court:

(1) Receives the records of the administrative proceedings;

(2) Hears additional evidence at the request of a party; and

(3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

(d) Jurisdiction of district courts. The district courts of the United States have jurisdiction of actions brought under section 615 of the Act without regard to the amount in controversy.

(e) Rule of construction. Nothing in this chapter restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the Act, the procedures under sections 8-60-61 and 8-60-68 shall be exhausted to the same extent as would be required had the action been brought under section 615 of the Act.

Notes

Haw. Code R. § 8-60-70

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(i)(2) and (3)(A), 1415(l), HRS § 302A-1112) (Imp: 34 C.F.R. §300.516)